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PUBLIC ADMINISTRATORS OF THE COUNTY OF NEW YORK v. FROTA OCEANICA BRASILEIRA, S.A.

257 A.D.2d 469 (1999)

682 N.Y.S.2d 844

PUBLIC ADMINISTRATORS OF THE COUNTY OF NEW YORK et al., Appellants, v. FROTA OCEANICA BRASILEIRA, S. A., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 19, 1999.

In addition to the existence of an unresolved question of fact that itself warranted the denial of summary judgment, plaintiffs' complaint was not pleaded with sufficient particularity to apprise defendants that payment of earned wages was among the damages being sought (CPLR 3013, 3017 [a]; see also, Vanscoy v Namic USA Corp., 234 A.D.2d 680, 681-682; Giaimo & Vreeburg v Smith, 192 A.D.2d 41

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